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USCG Administrative Law Judge Case

U.S. Coast Guard vs. Michael Joseph Korn

In the complaint served against Michael Joseph Korn, the Coast Guard charged him with operating the inspected small passenger vessel P/V FANTASEA while under the influence of alcohol in violation of 33 C.F.R. § 95.045(b). After a hearing, Administrative Law Judge Timothy G. Stueve found the Coast Guard proved Korn operated the P/V FANTASEA while under the influence of alcohol and ordered Korn’s Merchant Mariner Credential suspended for three months.

Review Case Details

Disposition

Suspension

Posture

Hearing / Decision

Sanction

Three months suspension

Judge

Timothy Stueve

What the Record Shows

Case Summary

In the complaint served against Michael Joseph Korn in docket 2019-0359, the Coast Guard charged him under 46 U.S.C. § 7703(1)(A) and alleged that he operated the inspected small passenger vessel P/V FANTASEA while under the influence of alcohol in violation of 33 C.F.R. § 95.045(b). The order states that the Coast Guard sought a three-month suspension of Korn’s Merchant Mariner Credential.

Administrative Law Judge Timothy G. Stueve held a hearing on September 15-16, 2021 in San Diego, California. The Coast Guard was represented by Jennifer Mehaffey, Esq. and CWO Aaron Camren; Korn appeared pro se. The order states that the Coast Guard proved Korn was intoxicated while serving as master aboard the inspected P/V FANTASEA. Judge Stueve found the Coast Guard proved the violation and rejected Korn’s defenses regarding legal representation and breathalyzer reliability.

On March 22, 2023, Judge Stueve ordered Korn’s Merchant Mariner Credential, and all other valid Coast Guard-issued licenses, documents, and endorsements, suspended for three months. The order also directed Korn to surrender his credentials within five days of service of the order.

Based on public docket metadata and available source documents. Allegations are described as allegations, not findings of fact or admissions.

Outcome

Proved: operated the P/V FANTASEA while under the influence of alcohol in violation of 33 C.F.R. § 95.045(b).

Sanction: Three months suspension

Duration: 3 months

Case Timeline

  1. Aug 3, 2019

    Alleged operation under influence

    The order states Korn operated the P/V FANTASEA as master with 24 passengers aboard and later tested at 0.05% BAC on a Coast Guard-administered breathalyzer.

  2. Sep 13, 2019

    Complaint filed

    The Coast Guard filed a complaint alleging Korn operated the P/V FANTASEA while under the influence of alcohol.

  3. Sep 15, 2021

    Hearing began

    Judge Stueve held the hearing in San Diego on September 15-16, 2021.

  4. Mar 22, 2023

    Decision and order issued

    Judge Stueve found the Coast Guard proved the charge and ordered a three-month suspension.

Case Metadata

Docket Number
2019-0359
Enforcement Activity Number
5770226
Dispositive Order Date
Mar 22, 2023
Dispositive order
Judge
Timothy Stueve
Source Era
1999–2022 Published Decisions
Dispositive Order Type
Decision and Order
Allegation
Alcohol / DUI; Misconduct; Law / Regulation
Source wording: operated the inspected small passenger vessel P/V FANTASEA while under the influence of alcohol in violation of 33 C.F.R. § 95.045(b)
Alleged conduct dates: 2019-08-03
Authorities Cited
46 U.S.C. § 7703(1)(A)46 C.F.R. Part 533 C.F.R. § 95.045(b)33 C.F.R. § 95.02033 C.F.R. § 95.03533 C.F.R. § 95.03046 C.F.R. § 5.569
Sources
Official Coast Guard docket page
Coast Guard Representative
Jennifer Mehaffey, Esq.; CWO Aaron Camren
Mariner / Respondent Counsel

Michael Joseph Korn

Pro se / Decision and Order / Mar 22, 2023

Sources, Context, and Method

What This Record Does and Does Not Show

Coast Guard suspension and revocation cases are administrative proceedings about a merchant mariner credential. They generally begin when a Coast Guard investigating officer files a complaint with the ALJ Docketing Center. Unless the case goes to a hearing and an ALJ finds the complaint allegations proved in a written decision and order, the allegations should be understood as allegations, not findings.

A settlement agreement or consent order can end the proceeding without an admission of the alleged conduct. This page therefore separates what the Coast Guard alleged from what an ALJ, Commandant appeal decision, default order, settlement order, dismissal, or other public record actually decided.

MLAA builds these pages from public Coast Guard ALJ docket data, official Coast Guard source documents, preserved docket-source proof, and available orders or decisions. We preserve source records where we can, label allegations as allegations, avoid treating docket categories as factual findings, and invite source-backed corrections when a record needs to be fixed.

Coast Guard S&R overview33 CFR Part 20Official Coast Guard docket page

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